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1821. April 17.
First Lines Penal Law
(2.)
[Case] 2. Where it is needless. Here the circumstances by from which
the evil receives the denomination of punishment viz misdoing,
misdeed offence has place: as such, evil is among the consequences
of it. But, by operation of some other cause, all the relative
good that could be done by the evil of punishment,
is done without it. In this case, therefore, whatsoever portion
of punishment were applied would be all loss.
Case 3. Where it would be inefficacious. In this case, too,
it would be evil of the offence ever so great, the evil of punishment,
though it could not be said to be needless, would however
be all loss: to the undiminished evil of the offence would be added the evil
of the punishment. #
Case 4. Where the punishment would be unprofitable.
Of the evil which, in its totality, would otherwise be produced
by the offence, a portion, more or less considerable, would be
excluded by the punishment, But the evil thus introduced is greater
than the evil excluded by it.
In the three former cases, the evil of the punishment
is all loss: in this last case, the evil produced is not all loss, but,
after deducting from the sum of what is produced by it, the sum
of what is excluded by it, there still remains as a on the balance
a net remainder of difference which is so much loss.
Comprehensive and on that account theoretical as the
description of these cases may appear, there is not one of them
that has not, hitherto to a vast and deplorable extent, had its exemplification
in practice. To bring to view afford an indication of every
one of them, would be to give an all-comprehensive picture
of whatever has been hitherto done on the field of penal law.
For the clearer conception of each, all that can here be done
is — to afford a simple indication of a few comparatively particular
but still but too comprehensive examples.
Here continue from
Introd.
Identifier: | JB/037/032/001 "JB/" can not be assigned to a declared number type with value 37.
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037 |
constitutional code |
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032 |
first lines |
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001 |
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copy/fair copy sheet |
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recto |
c2 |
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john flowerdew colls |
c wilmott 1819 |
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andreas louriottis |
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1819 |
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11247 |
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